- 1 - HC-KAR NC: 2025:KHC-D:9409 CRL.P No. 102651 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102651 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: SHRI SHIVALING S/O. SIDDAPPA PATIL, AGE: 43 YEARS, OCC: AGRICULTURE, R/O: NALLANATTI, TQ: GOKAK, DIST: BELAGAVI-591 307. … PETITIONER (BY SRI. R.H. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA, (HUBBALLI SUB URBAN POLICE STATION), R/BY STATE PUBLIC PROSECUTOR, THE HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO ISSUE A DIRECTION TO THE SUB URBAN POLICE STATION, TO ENLARGE THE PRESENT PETITIONER, WHO IS ARRAYED AS ACCUSED NO.5 ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST BY THE SUB URBAN POLICE HUBBALLI IN CONNECTION WITH SUB URBAN P.S. CRIME NO.18/2025, DATED 05.02.2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 417, 420, 120(A) R/W SECTION 34 OF IPC, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC HUBBALLI, TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9409 CRL.P No. 102651 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.5 in Crime No.18/2025 registered by Hubli Sub-Urban P.S., Hubli-Dharwad District for the offences punishable under Sections 406, 417, 420, 120(A) R/W 34 of Indian Penal Code, is before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.18/2025 was registered by Hubli Sub-Urban P.S., Hubli-Dharwad District for the aforesaid offences against Nikhita Subhash Kalal and others. Apprehending arrest in the case, accused No.5 had filed Criminal Miscellaneous No.5337/2025 before the jurisdictional Sessions Court which was rejected on 01.07.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner who has reiterated the grounds urged in the petition, submits that - 3 - HC-KAR NC: 2025:KHC-D:9409 CRL.P No. 102651 of 2025 petitioner has no criminal antecedent and he is ready and willing to cooperate with the police for the purpose of investigation and prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. First information in the present case is filed by Ramesh K.T. Police Officer, attached to CID, Bangalore. In the first information, it is stated that during the course of investigation in Crime No.129/2019 registered by Ranebennur police station was similar offences, it was found that even in other districts by using very similar Modus Oparendi similar crime was committed. It is under these circumstances, FIR in Crime No.18/2025 was registered by Hubli Sub-Urban P.S., Hubli-Dharwad District for the aforesaid offences against the accused named in the FIR. Allegation against the accused is that in the coaching centers, by name Eklavya Coaching Center and Dareedeepa Coaching Center, which was run by accused Nos.4 and 5 named in the FIR, the students were provided - 4 - HC-KAR NC: 2025:KHC-D:9409 CRL.P No. 102651 of 2025 with blue tooth device, micro phones etc., and were made to write the competitive exams conducted by Karnataka Public Service Commission. 7. The investigation in Crime No.129/2019 registered by Ranebennur police station is already completed and charge sheet has been filed. The present FIR has been registered based on the material collected by the Investigation Officer during the course of investigation conducted in Crime No.129/2019. The alleged offences in the present case are triable by the Court of Magistrate and maximum punishment for the same is imprisonment for a period of 7 years. Petitioner and accused No.1 are said to persons who were handling the coaching centers. Other accused persons who were teaching in the coaching center have been granted anticipatory bail by this Court in Crl.P.Nos.102880/2025 and 102889/2025. Undisputedly, the petitioner has no other criminal antecedent. Under the circumstances, I am of the opinion that reserving liberty to the investigation officer to seek custody of the petitioner, - 5 - HC-KAR NC: 2025:KHC-D:9409 CRL.P No. 102651 of 2025 if it is necessary, by filing application before the jurisdictional Magistrate, the prayer made by the petitioner in the present petition needs to be allowed. Accordingly, I proceed to pass the following: ORDER The petition is allowed. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.18/2025 registered by Hubli Sub-Urban P.S., Hubli- Dharwad District for the offences punishable under Sections 406, 417, 420, 120(A) R/W 34, subject to the following conditions: i. The petitioner shall appear before the Investigating Officer on 11.08.2025 between 10.00 am and 11.00 am and on the said date, the Investigation officer is at liberty to take the petitioner to custody for the purpose of interrogation, if necessary. However, it is made clear that on the same day on or before 6:00-p.m. the petitioner shall be released by the Investigating Officer, subject to the - 6 - HC-KAR NC: 2025:KHC-D:9409 CRL.P No. 102651 of 2025 petitioner executing a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer. ii. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. iv. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 30